Opinion
October 27, 1967
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits effective October 6, 1966 on the ground she voluntarily left her employment without good cause and on the additional ground she was unavailable for employment. Claimant had retired from federal employment and received a pension therefor in addition to Social Security benefits. Subsequent to retirement she obtained secretarial work from two temporary personnel agencies but left her employment on October 5, 1966 because her earnings for the year had reached the point where her Social Security benefits would be terminated if she continued to work. Although she intended to return to work in January, 1967, the board found that she had voluntarily left the labor market "because she desired to restrict her earnings for 1966 while she continued to receive Social Security benefits and not to have the consequence of earning over the limit". The purpose and intent of the Unemployment Insurance Law is to provide benefits for persons unemployed through no fault of their own (Labor Law, § 501). "`The primary purpose of the law is to case the hardship of involuntary unemployment due to economic conditions or other conditions beyond the control of the employee.'" ( Matter of Shanley [ Catherwood], 27 A.D.2d 496, 499; Matter of Sellers [ Catherwood], 13 A.D.2d 204, 205.) One who leaves employment because continuance would interfere with receiving benefits under another government program does not come within the scope of the legislative intent of the law providing for unemployment benefits, and the leaving of such employment is without good cause under subdivision 1 of section 593 Lab. of the Labor Law. The board correctly found, also, that claimant was unavailable for employment. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Gabrielli, J.